The purpose of Chapter 17.29 is to establish Green Street and Shirley Avenue Smart Growth Overlay Districts, to encourage smart growth in accordance with the purposes of G.L. Chapter 40R and to the extent the following other purposes are not in conflict with the Governing Laws;
(C.O. 23-251, § 1, 12/4/2023)
For purposes of Chapter 17.29, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Governing Laws or Section 17.29.020, or as set forth in the PAA regulations. With respect to their application to Chapter 17.29, to the extent that there is any conflict between the definitions or terms set forth in, or otherwise regulated by, the Governing Laws and those defined or used in Chapter 17.29, inclusive of any applicable design standards, PAA regulations, or any other applicable associated local zoning requirement (e.g., zoning requirement contained in another section of the zoning ordinances that is nonetheless incorporated by reference), the terms of the Governing Laws shall govern:
means an affordable housing unit required to be sold to an
eligible household.
means a deed restriction of affordable housing meeting the statutory requirements in G.L. Chapter 184, Section 31 and the requirements of Chapter 17.29 of the Revised Ordinances of the city of Revere.
means housing that is affordable to and occupied by eligible
households.
means an affordable housing unit required to be rented to
an eligible household.
means the individual or entity that submits a project application
for plan approval.
means a use allowed under 17.29.040 without recourse to a
special permit, variance, zoning amendment, or other form of zoning
relief other than waivers issued hereunder Section 17.29.100(c). A
project that requires plan approval by the PAA pursuant to Section
17.29.08 through Section 17.29.12 shall be considered an as-of-right
project, subject to review and approval by EOHLC of any Municipal
40R regulations, guidelines, application forms, or other requirements
applicable to review of projects by the plan approval authority under
the 40R Zoning and 760 CMR 59.00.
means an establishment that provides retail banking services,
mortgage lending, or similar financial services to individuals and
businesses. This use type also includes record storage and data processing
and shall also include free standing automated teller machines (ATM).
means provisions of Section 17.29.120 made applicable to projects within the SGOD that are subject to the plan approval process.
means an individual or household whose annual income is less
than or equal to eighty percent of the area-wide median income as
determined by the United States Department of Housing and Urban Development
(HUD), adjusted for household size, with income computed using HUD's
rules for attribution of income to assets.
means the Massachusetts executive office of housing and livable
communities, or any successor agency.
means G.L. Chapter 40R and 760 CMR 59.00.
means a commercial business establishment that provides facilities
for individual physical health activities, including, but not limited
to the use of exercise equipment, including free weights, exercise
machines, treadmills, stationary bicycles, and other aerobic equipment,
personal trainers, yoga classes, aerobic exercise classes, running
and jogging, saunas, steam rooms, showers and lockers. Such establishments
are considered commercial establishments operating as a business whether
open to members and their guests on a membership basis only or open
to the public at large paying a daily admission fee.
means a project containing a mix of one or more residential
uses and one or more non-residential uses, as allowed in Section 17.29.140(A)(1)(ii)
or Section 17.29.140(B)(1)(ii), and subject to all applicable provisions
of this chapter.
means the local housing authority or other qualified housing entity designated by the municipality, chief executive, pursuant to Section 17.29.050(B), to review and implement the affordability requirements affecting projects under Section 17.29.050.
means the rules and regulations of the PAA adopted pursuant to Section 17.29.080.
means the local approval authority authorized under Section 17.29.080(B) to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.
means standards and procedures which certain categories of
projects in the SGOD must meet pursuant to Article 17 and the Governing
Laws.
means a residential project or mixed-use development project
undertaken within the SGOD in accordance with the requirements of
this chapter.
means commercial recreational activities such as amusement
centers, game arcades or similar activities. For the purposes of this
title, this definition does not pertain to such activities as health
clubs, physical fitness, racetracks, arenas, and similar athletic
facilities.
means a project that consists solely of residential use and any parking and accessory uses as may be permitted/required and further defined in Section 17.29.040.
means an establishment where the primary business is the
service, by a waiter or waitress of food and beverages to be consumed
exclusively at tables or at a counter on the premises.
means the smart growth overlay district established in accordance
with this chapter.
means a detached building used for, or occupied exclusively
by, one dwelling unit.
means a building used for, or occupied by, three dwelling
units.
means a building used for, or occupied by, two dwelling units.
means Title 17 of the Revised Ordinances of the city of Revere.
(C.O. 23-251, § 1, 12/4/2023)
A.
Applicability
of SGODs. An applicant may seek development of a project located within
the SGOD in accordance with the provisions of the Governing Laws and
this chapter, including a request for plan approval by the PAA, if
necessary. In such case, notwithstanding anything to the contrary
in the zoning ordinances, such application shall not be subject to
any other provisions of the zoning ordinances, including limitations
upon the issuance of building permits for residential uses related
to a rate of development or phased growth limitation, or to a local
moratorium on the issuance of such permits, or to other building permit
or dwelling unit limitations. To the extent that there is any conflict
between the Governing Laws and this chapter, inclusive of the design
standards, the PAA Regulations, and any applicable associated local
zoning requirement (e.g., zoning requirement contained in another
section of the zoning ordinances that is nonetheless incorporated
by reference), the Governing Laws shall govern.
B.
Underlying
zoning. The SGOD is an overlay district superimposed on all underlying
zoning districts. The regulations for use, dimension, and all other
provisions of the zoning ordinance governing the underlying zoning
district(s) shall remain in full force, except for those projects
undergoing development pursuant to this chapter. Within the boundaries
of the SGOD, a developer may elect either to develop a project in
accordance with the requirements of the smart growth zoning, or to
develop a project in accordance with requirements of the regulations
for use, dimension, and all other provisions of the zoning ordinances
governing the underlying zoning district(s).
C.
Administration, enforcement, and appeals. The provisions of this chapter shall be administered by the building commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA under Section 17.29.080 thru Section 17.29.120 shall be governed by the applicable provisions of G.L. Chapter 40R. Any other request for enforcement or appeal arising under this chapter shall be governed by the applicable provisions of G.L. Chapter 40A.
(C.O. 23-251, § 1, 12/4/2023)
The following uses are permitted as-of-right for projects within
SGODs unless otherwise specified under the corresponding section of
the district-specific requirements.
A.
Residential
projects. A residential project within the SGOD may include:
(C.O. 23-251, § 1, 12/4/2023)
A.
Number
of affordable housing units. For all projects containing at least
eight residential units, not less than twenty percent of housing units
constructed shall be affordable housing. For the purpose of calculating
the number of units of affordable housing required within a project,
any fractional unit shall be deemed to constitute a whole unit. A
project shall not be segmented to evade the affordability threshold
set forth above - this provision is only necessary if certain projects
(those with eight or fewer units as may be specified in the SGZ) are
exempt from the affordability requirement. Furthermore, the total
number of affordable units within the entire SGZD equals not less
than twenty percent.
B.
Monitoring
agent. A monitoring agent which may be the local housing authority
or other qualified housing entity shall be designated by the chief
executive (the "designating official"). In a case where the monitoring
agent cannot adequately carry out its administrative duties, upon
certification of this fact by the designating official or by EOHLC
such duties shall devolve to and thereafter be administered by a qualified
housing entity designated by the designating official. In any event,
such monitoring agent shall ensure the following, both prior to issuance
of a building permit for a project within the SGOD, and on a continuing
basis thereafter, as the case may be:
1.
Prices
of affordable homeownership units are properly computed; rental amounts
of affordable rental units are properly computed;
2.
Income
eligibility of households applying for affordable housing is properly
and reliably determined;
3.
The
housing marketing and resident selection plan conform to all requirements,
have been approved by EOHLC specifically with regard to conformance
with M.G.L. c. 40R and 760 CMR 59.00, and are properly administered;
4.
Sales
and rentals are made to eligible households chosen in accordance with
the housing marketing and resident selection plan (a.k.a., Affirmative
fair housing marketing plan (AFHMP)) with appropriate unit size for
each household being properly determined and proper preference being
given; and
5.
An
affordable housing restriction (AHR) meeting the requirements of this
chapter is approved by EOHLC specifically regarding conformance with
M.G.L. c. 40R and 760 CMR. 59.00, recorded with the proper registry
of deeds.
C.
Submission requirements. As part of any application for plan approval for a project within the SGOD submitted under Section 17.29.080 thru Section 17.29.120 (or, for projects not requiring plan approval, prior to submission of any application for a building permit), the applicant must submit the following documents to the PAA and the monitoring agent:
1.
Evidence that the project complies with the cost and eligibility requirements of Section 17.29.050(D);
2.
Project plans that demonstrate compliance with the requirements of Section 17.29.050(E); and
3.
A form of affordable housing restriction that satisfies the requirements of Section 17.29.050(F).
|
These documents in combination, to be submitted with an application
for plan approval (or, for projects not requiring plan approval, prior
to submission of any application for a building permit), shall include
details about construction related to the provision, within the development,
of units that are accessible to the individuals with disabilities
and appropriate for diverse populations, including households with
children, other households, individuals, households including individuals
with disabilities, and the elderly.
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D.
Cost
and eligibility requirements. Affordable housing shall comply with
the following requirements:
1.
Affordable
housing required to be offered for rent or sale shall be rented or
sold to and occupied only by eligible households.
2.
For
an affordable rental unit, the monthly rent payment, including applicable
utility allowances, shall not exceed thirty percent of the maximum
monthly income permissible for an eligible household, assuming a family
size equal to the number of bedrooms in the unit plus one, unless
another affordable housing program methodology for calculating rent
limits, as approved by EOHLC, applies.
3.
For
an affordable homeownership unit the monthly housing payment, including
mortgage principal and interest, private mortgage insurance, property
taxes, condominium and/or homeowner's association fees, and insurance,
shall not exceed thirty percent of the maximum monthly income permissible
for an eligible household, assuming a family size equal to the number
of bedrooms in the unit plus one, unless another affordable housing
program methodology for calculating mortgage payments, as approved
by EOHLC, applies. Prior to the granting of any building permit for
a project, the applicant must demonstrate, to the satisfaction of
the monitoring agent, that the method by which such affordable rents
or affordable purchase prices are computed shall be consistent with
state or federal guidelines for affordability applicable to Revere.
E.
Design and construction. Units of affordable housing shall be finished housing units. With respect to the minimum number of units in a given project that are required to be affordable housing under Chapter 17.29 and the Governing Laws, such units shall be equitably integrated and proportionately dispersed throughout the residential portion of the project of which they are part, across all residential buildings, floors, distinct unit types, and with respect to the gross floor area devoted to residential units, in accordance with the affordable housing restriction and the affirmative fair housing marketing and resident selection plan, as approved by EOHLC. The affordable housing units shall be comparable in initial construction quality, size, amenities, and exterior design to the other housing units in the project. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, the bedroom-per-unit average for the affordable housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.
F.
Affordable
housing restriction. Each project shall be subject to an affordable
housing restriction which is recorded with the applicable registry
of deeds or district registry of the land court, and which contains
the following:
1.
Specification
of the term of the affordable housing restriction which shall be stipulated
in the plan approval decision but in no case be less than a thirty-year
period;
2.
The
name and address of the monitoring agent with a designation of its
power to monitor and enforce the affordable housing restriction;
3.
A
description of the affordable homeownership unit(s), if any, by address
and number of bedrooms; and a description of the overall quantity,
initial unit designations and number of bedrooms and number of bedroom
types of affordable rental units in a project or portion of a project
which are rental. Such restriction shall apply individually to the
specifically identified affordable homeownership unit and shall apply
to a percentage of rental units of a rental project or the rental
portion of a project with the initially designated affordable rental
units identified in, and able to float subject to specific approval
by EOHLC in accordance with, the corresponding affirmative fair housing
marketing plan (AFHMP) and EOHLC's AFHMP guidelines;
4.
Reference
to an affirmative fair housing marketing and resident selection plan,
to which the affordable housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. Such plan shall be consistent
with EOHLC guidance and approved by EOHLC. Consistent with EOHLC guidance,
such plan shall include a preference based on need for the number
of bedrooms in a unit and a preference based on need for the accessibility
features of a unit where applicable and may only provide for additional
preferences in resident selection to the extent such preferences are
also consistent with applicable law and approved by EOHLC;
5.
A
requirement that buyers or tenants will be selected at the initial
sale or initial rental and upon all subsequent sales and rentals from
a list of eligible households compiled in accordance with the housing
marketing and selection plan;
6.
Reference
to the formula pursuant to which the maximum rent of an affordable
rental unit or the maximum resale price of an affordable homeownership
unit will be set;
7.
A
requirement that only an eligible household may reside in affordable
housing and that notice of any lease of any affordable rental unit
shall be given to the monitoring agent;
8.
Provision
for effective monitoring and enforcement of the terms and provisions
of the affordable housing restriction by the monitoring agent;
9.
Provision
that the AHR on an affordable homeownership unit shall run in favor
of the monitoring agent and/or the municipality, in a form approved
by municipal counsel, and shall limit initial sale and re-sale to
and occupancy by an eligible household;
10.
Provision that the AHR on affordable rental units in a rental project
or rental portion of a project shall run with the rental project or
rental portion of a project and shall run in favor of the monitoring
agent and/or the municipality, in a form approved by municipal counsel,
and shall limit rental and occupancy to an eligible household;
11.
Provision that the owner(s) or manager(s) of affordable rental unit(s)
shall file an annual compliance report with the monitoring agent,
in a form specified by that agent certifying compliance with the affordability
provisions of this ordinance and containing such other information
as may be reasonably requested in order to ensure affordability; and
12.
A requirement that residents in affordable housing provide such information
as the monitoring agent may reasonably request in order to ensure
affordability.
G.
Costs of affirmative fair housing marketing and resident selection plan. The affirmative fair housing marketing and resident selection plan and/or any associated monitoring services agreement may make provision for payment by the project applicant of reasonable costs to the monitoring agent to monitor and enforce compliance with affordability requirements consistent with the affordable housing restriction and otherwise fulfill the responsibilities contained in Section 17.29.050(B).
H.
Age restrictions. Nothing in this chapter shall permit the imposition of restrictions on age upon projects unless proposed or agreed to voluntarily by the applicant. However, in its review of a submission under Section 17.29.050(C) for a given SGOD, the PAA may allow a specific project, designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than twenty-five percent of the housing units in such a restricted project shall be restricted as affordable housing units.
I.
Phasing. For any project that is approved and developed in phases in accordance with Section 17.29.080(D), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under Section 17.29.050(A) or Section 17.29.050(H), as applicable. Where the percentage of affordable housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Section 17.29.050(E) shall be applied proportionately to the affordable housing provided for in each respective phase.
J.
No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this Section 17.29.050 shall not be waived unless expressly approved in writing by EOHLC under the 40R smart growth zoning program pursuant to the Governing Laws, in order to eliminate conflict with an associated state or federal housing financing program and/or at the request of the plan approval authority.
(C.O. 23-251, § 1, 12/4/2023)
A.
Table
of requirements. Notwithstanding anything to the contrary in the zoning
ordinances, the dimensional requirements applicable in any SGOD are
as follows:
|
Dimensional Requirement
| |
|---|---|
|
Lot Area Frontage (ft)
|
100 feet
|
|
Side Yard Setbacks (ft)
|
15 feet
|
|
Rear Yard Setbacks (ft)
|
20 feet
|
|
Minimum Allowable Dwelling Units Per Acre, Single-Family Dwelling
|
8 units/acre
|
|
Minimum Allowable Dwelling Units Per Acre, Two-Family Dwellings
|
12 units/acre
|
|
Minimum Allowable Dwelling Units Per Acre, Three-Family Dwellings
|
15 units/acre
|
|
Minimum Allowable Dwelling Units Per Acre, Multi-Family Dwellings
|
20 units/acre
|
B.
Dimensional waivers in substantially developed sub-district. The PAA may, in order to encourage the development of infill housing units on undeveloped lots within a substantially developed sub-district, grant a waiver to the dimensional standards of Section 17.29.060(A), in accordance with Section 17.29.100(C).
The parking requirements applicable for projects within SGODs
are as follows:
A.
Number
of parking spaces. Unless otherwise approved by the PAA and subject
to any conditions EOHLC's determination of eligibility and approval
of the corresponding SGOD, the following minimum numbers of off-street
parking spaces shall be provided either in surface parking, within
garages or other structures:
|
Use
|
Number of Parking Spaces
|
Minimum Loading Bay
|
Minimum Loading Space
|
|---|---|---|---|
|
Residential Units:
|
|
|
|
|
Single-Family
|
2
|
0
|
0
|
|
Two-Family
|
4
|
0
|
0
|
|
Maximum Number of Parking Spaces Per Housing Unit (All Housing
Types)
|
2
|
|
|
B.
Visitor parking spaces. The PAA may allow for additional visitor parking spaces, no greater than twenty-five one-hundredths spaces maximum spaces per unit, if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in any required parking as provided in subsections C and D below.
C.
Shared
parking. Notwithstanding anything to the contrary herein, the use
of shared parking to fulfill parking demands noted above that occur
at different times of day is strongly encouraged. Any minimum parking
requirements above may be reduced by the PAA through the plan approval
process (or, for projects not requiring plan approval, prior to submission
of any application for a building permit), if the applicant can demonstrate
that shared spaces will meet parking demands by using accepted methodologies
(e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking
Guidelines, or other approved studies).
D.
Reduction
in parking requirements. Notwithstanding anything to the contrary
herein, any minimum required amount of parking may be reduced by the
PAA through the plan approval process (or, for projects not requiring
plan approval, prior to submission of any application for a building
permit), if the applicant can demonstrate that the lesser amount of
parking will not cause excessive congestion, endanger public safety,
or that lesser amount of parking will provide positive environmental
or other benefits, taking into consideration:
1.
The
availability of surplus off-street parking in the vicinity of the
use being served and/or the proximity of a bus stop or transit station;
2.
The
availability of public or commercial parking facilities in the vicinity
of the use being served;
3.
Shared
use of off-street parking spaces serving other uses having peak user
demands at different times;
4.
To
the extent consistent with 760 CMR 59.04(1)(g) and 760 CMR 59.04(1)(I)1,
age or other occupancy restrictions which are likely to result in
a lower level of auto usage;
5.
Impact
of the parking requirement on the physical environment of the affected
lot or the adjacent lots including reduction in green space, destruction
of significant existing trees and other vegetation, destruction of
existing dwelling units, or loss of pedestrian amenities along public
ways; and
6.
Any
applicable transportation demand management strategies that will be
integrated into the project or such other factors as may be considered
by the PAA.
E.
Location
of parking. Any surface parking lot shall, to the maximum extent feasible,
be located at the rear or, where not feasible or otherwise preferred
by the PAA, side of a building, relative to any principal street,
public open space, or pedestrian way.
(C.O. 23-251, § 1, 12/4/2023)
A.
Plan approval. An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of Chapter 17.17 of Revere Revised Ordinance. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Governing Laws. The following categories of projects shall be subject to the plan approval process:
B.
Plan approval authority (PAA). The Revere Site Plan Review Committee, consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the plan approval authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within any SGOD as may be established in Section 17.29.100.
C.
PAA
regulations. The plan approval authority may adopt administrative
rules and regulations relative to plan approval. Such rules and regulations
and any amendments thereof must be approved by the executive office
of housing and livable communities.
D.
Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Section 17.29.050(I).
(C.O. 23-251, § 1, 12/4/2023)
A.
Preapplication.
Prior to the submittal of a plan approval submission, a "concept plan"
may be submitted to help guide the development of the definitive submission
for project buildout and individual elements thereof. If submitted,
such concept plan should reflect the following:
1.
Overall
building envelope areas;
2.
Open
space and natural resource areas; and
3.
General
site improvements, groupings of buildings, and proposed land uses.
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The concept plan is intended to be used as a tool for both the
applicant and the PAA to ensure that the proposed project design will
be consistent with the design standards and other requirements of
the corresponding SGOD.
|
B.
Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and approved by EOHLC, [along with application fee(s)] which shall be as set forth in the PAA regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA regulations. For any project that is subject to the affordability requirements of Section 17.29.050, the application shall be accompanied by all materials required under Section 17.29.050(C). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one-inch equals forty feet or larger, or at a scale as approved in advance by the PAA.
C.
Filing.
An applicant for plan approval shall file the required number of copies
of the application form and the other required submittals as set forth
in the PAA regulations with the city clerk and a copy of the application
including the date of filing certified by the city clerk shall be
filed forthwith with the PAA.
D.
Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the planning board, city council, board of appeals, board of health, conservation commission, fire department, police department, building commissioner, department of public works, commissioner of handicapped affairs, the monitoring agent (if already identified, for any project subject to the affordability requirements of Section 17.29.050), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within thirty days of its receipt of a copy of the plan and application for approval.
E.
Hearing.
The PAA shall hold a public hearing for which notice has been given
as provided in Section 11 of G.L. Chapter 40A. The decision of the
PAA shall be made, and a written notice of the decision filed with
the city clerk, within one hundred twenty days of the receipt of the
application by the city clerk. The required time limits for such action
may be extended by written agreement between the applicant and the
PAA, with a copy of such agreement being filed in the office of the
city clerk. Failure of the PAA to take action within said one hundred
twenty days or extended time, if applicable, shall be deemed to be
an approval of the plan approval application.
F.
Peer
review. The applicant shall be required to pay for reasonable consulting
fees to provide peer review of the plan approval application, pursuant
to G.L. Chapter 40R, Section 11(a). Such fees shall be held by the
city in a separate account and used only for expenses associated with
the review of the application by outside consultants, including, but
not limited to, attorneys, engineers, urban designers, housing consultants,
planners, and others. Any surplus remaining after the completion of
such review, including any interest accrued, shall be returned to
the applicant forthwith.
(C.O. 23-251, § 1, 12/4/2023)
A.
Plan
approval. Plan approval shall be granted by simple majority vote where
the PAA finds that:
1.
The
applicant has submitted the required fees and information as set forth
in the PAA regulations;
2.
The
project as described in the application meets the requirements and
standards set forth in this chapter and the PAA regulations, or a
waiver has been granted therefrom;
3.
Any
extraordinary adverse potential impacts of the project on nearby properties
have been adequately mitigated; and
4.
For a project subject to the affordability requirements of Section 17.29.050, compliance with condition subsection A2 above shall include written confirmation by the monitoring agent that all requirements of that section have been satisfied. Any plan approval decision for a project subject to the affordability restrictions of Section 17.29.050 shall specify the term of such affordability, which shall be no less than a thirty-year period. The PAA may attach conditions to the plan approval decision that are necessary to ensure substantial compliance with this chapter, or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.
B.
Plan
disapproval. A plan approval application may be disapproved only by
simple majority vote where the PAA finds that:
1.
The
applicant has not submitted the required fees and information as set
forth in the regulations; or
2.
The
project as described in the application does not meet the requirements
and standards set forth in this chapter and the PAA regulations, or
that a requested waiver therefrom has not been granted; or
3.
It
is not possible to adequately mitigate extraordinary adverse project
impacts on nearby properties by means of suitable conditions.
C.
Waivers. Upon the request of the applicant and subject to compliance with M.G.L. c. 40R, 760 CMR 59.00 and Section 17.29.050(J), the plan approval authority may waive dimensional and other requirements of Chapter 17.29, including the design standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the smart growth zoning and corresponding SGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this chapter.
D.
Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise explicitly approved in writing by EOHLC in relation to the specific project, the proportion of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under Section 17.29.050(A) and Section 17.29.050(H), as applicable.
E.
Form
of decision. The PAA shall issue to the applicant a copy of its decision
containing the name and address of the owner, identifying the land
affected, and the plans that were the subject of the decision, and
certifying that a copy of the decision has been filed with the Revere
city clerk and that all plans referred to in the decision are on file
with the PAA. If twenty days have elapsed after the decision has been
filed in the office of the Revere city clerk without an appeal having
been filed or if such appeal, having been filed, is dismissed or denied,
the city clerk shall so certify on a copy of the decision. If a plan
is approved by reason of the failure of the PAA to timely act, the
city clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the registry of deeds for the county and district in
which the land is located and indexed in the grantor index under the
name of the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
applicant.
F.
Validity
of decision. A plan approval shall remain valid and shall run with
the land indefinitely, provided that construction has commenced within
two years after the decision is issued, which time shall be extended
by the time required to adjudicate any appeal from such approval and
which time shall also be extended if the project proponent is actively
pursuing other required permits for the project or there is other
good cause for the failure to commence construction, or as may be
provided in a plan approval for a multi-phase project.
(C.O. 23-251, § 1, 12/4/2023)
A.
Minor
change. After plan approval, an applicant may apply to make minor
changes to a project involving minor utility or building orientation
adjustments, or minor adjustments to parking or other site details
that do not affect the overall buildout or building envelope of the
site, or provision of open space, number of housing units, or housing
need or affordability features. Such minor changes must be submitted
to the PAA on redlined prints of the approved plan, reflecting the
proposed change, and on application forms provided by the PAA. The
PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision and provide a copy to the applicant for filing with the city
clerk.
B.
Major change. Those changes deemed by the PAA to constitute a major change to a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to Chapter 17.17.
(C.O. 23-251, § 1, 12/4/2023)
A.
Adoption
of design standards. Any project undergoing the plan approval process
shall be subject to design standards as set forth below in this section
("design standards").
B.
Purpose.
The design standards are adopted to ensure that the physical character
of projects within SGODs:
1.
Will
be complementary to nearby buildings and structures;
2.
Will
be consistent with the comprehensive housing plan, an applicable master
plan, an area specific plan, or any other plan document adopted by
the city the specific version of which has been expressly approved
by EOHLC as consistent with the smart growth zoning and Governing
Laws; and
3.
Will
provide for high-density quality development consistent with the character
of building types, streetscapes, and other community features traditionally
found in densely settled areas of the city or in the region of the
city.
C.
Design
standards. The plan approval authority may adopt, by simple majority
vote, design standards which shall be applicable to development projects
subject to plan approval by the plan approval authority. Such design
standards must be objective and not subjective and may only address
the scale and proportions of buildings, the alignment, width, and
grade of streets and sidewalks, the type and location of infrastructure,
the location of building and garage entrances, off street parking,
the protection of significant natural site features, the location
and design of on-site open spaces, exterior signs, and buffering in
relation to adjacent properties. At its discretion, EOHLC may require
design standards to contain graphics illustrating a particular standard
or definition in order to make such standard or definition clear and
understandable.
D.
EOHLC
approval. After adopting design standards, the PAA shall submit design
standards to EOHLC for approval. Design standards shall not take effect
until approved by EOHLC and filed with the city clerk. In submitting
proposed design standard for EOHLC approval, the PAA shall also submit
sufficient documentation clearly showing that the proposed design
standards will not add unreasonable costs to development projects
or unreasonably impair the economic feasibility of a development project.
A letter from a developer, property owner or other qualified party
indicating that the design standards will not add unreasonable costs
or unreasonably impair the economic feasibility of a development project
shall not necessarily constitute sufficient documentation. At its
discretion, EOHLC may disapprove design standards if it finds that
the PAA has not adopted objective design standards or has not submitted
such documentation.
E.
Plan
approval. An application for plan approval that has been submitted
to the Revere city clerk pursuant to this chapter shall not be subject
to design standards that have not been approved by EOHLC and filed
with the Revere city clerk.
(C.O. 23-251, § 1, 12/4/2023)
If any provision of this chapter is found to be invalid by a court of competent jurisdiction, the remainder of Chapter 17.29 shall not be affected but shall remain in full force. The invalidity of any provision of this chapter shall not affect the validity of the remainder Title 17 of the Revised Ordinances of the city of Revere.
A.
Green street smart growth overlay district. The Green Street Smart Growth Overlay District hereinafter referred to as the "GSSGOD"," is an overlay district having a land area of approximately six and thirty-seven one-hundredths acres in size that is superimposed over the underlying zoning districts and is shown on the zoning map as set forth on the map entitled "Green Street Smart Growth Overlay District Exhibit A" dated December 4, 2023, prepared by the City of Revere, MA." This map is hereby made a part of Title 17 of the Revised Ordinances of the city of Revere and is on file in the office of the city clerk.
1.
Permitted
uses—(District-specific).
a.
The following uses are permitted as-of-right for projects within
the Green Street Smart Growth Overlay District (GSSGOD):
i.
Residential projects. A residential project within the Green Street
Smart Growth Overlay District may include:
(A)
Single-family, two-and three-family, and/or multi-family residential
use(s);
(B)
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages);
and
(C)
Accessory uses customarily incidental to any of the above permitted
uses.
ii.
Mixed-use development projects. A mixed-use development project within
the Green Street Smart Growth Overlay District must include at least
one residential use and one non-residential use from these respective
use categories as permitted below and may further include parking
and other accessory uses as additionally provided for:
(A)
Single-family, two-family, and three-family, and/or multi-family
residential use(s), provided that the minimum allowable as-of-right
density allowances for residential use specified in Section 17.29.140(A)(1)(ii)
shall apply to the residential portion of any mixed-use development
project;
(B)
Any of the following non-residential uses;
(C)
Office or laboratory uses: General office use or building;
(D)
Business uses and consumer services: Restaurant; general retail
sales and services; neighborhood retail and sales and service; health
club;
(E)
Industrial uses: Brew pub; brewery/distillery or winery;
(F)
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages);
and
(G)
Accessory uses customarily incidental to any of the above permitted
uses.
b.
The total gross floor area devoted to residential uses within a mixed-use
development project shall be at least =/ > fifty-one percent of the
total gross floor area of the project.
2.
Dimensional
and density requirements—(District-specific).
a.
Table of requirements. Notwithstanding anything to the contrary in
this chapter, the dimensional requirements applicable in the SGOD
are as follows:
|
Dimensional Requirement
| |
|---|---|
|
Minimum Front Setback *
|
20 feet
|
|
Interior Setback (between Buildings on same Lot)
|
15 feet
|
|
Minimum Lot Area square feet
|
10,000 square feet
|
|
Floor Area Ratio (FAR)
|
1.5
|
|
Maximum Building Height
|
60 feet
|
|
Max. Stories
|
6
|
b.
Dimensional waivers in substantially developed sub-district. In order to encourage the development of infill housing units on undeveloped lots within a substantially developed sub-district, the PAA may grant a waiver to the dimensional standards of Section 17.29.060 and herein, in accordance with Section 17.29.100(C).
3.
Parking
requirements—(District-specific). The parking requirements applicable
for projects within the GSSGOD are as follows:
|
Use
|
Number of Parking Spaces
|
Minimum Loading Bay
|
Minimum Loading Space
|
|---|---|---|---|
|
General retail sales and service
|
1/200 GSF
|
0
|
0
|
|
Office and institutional
|
1/400 GSF for professional office uses greater than 20,000 GSF.
1/500 for professional office uses 20,000 GSF and less
|
0
|
1
|
|
Residential Units:
|
|
|
|
|
Single-Family
|
2
|
0
|
0
|
|
Two-Family
|
4
|
0
|
0
|
|
Apartments (1 Bedroom, 2 Bedrooms, 3 Bedrooms or
more)
|
1.5, 1.75, 2
|
0
|
0
|
|
Office and Storage
|
1/250 GSF
|
(b)
|
1
|
|
Medical or Dental Office
|
1/200 GSF
|
0
|
1
|
|
Restaurant (non-fast-food)
|
1 Per 4 Seats
|
0
|
1
|
|
Health Club
|
1/150 GSF
|
NA
|
NA
|
B.
The
Shirley Avenue Smart Growth Overlay District. The Shirley Avenue Smart
Growth Overlay District hereinafter referred to as the "SASGOD","
is an overlay district containing two sub-districts ("A" and "B")
and having a land area of approximately 43.80 acres in size that is
superimposed over the underlying zoning districts and is shown on
the zoning map as set forth on the map entitled Shirley Avenue Smart
Growth Overlay District "Exhibit B" dated December 4, 2023, prepared
by the City of Revere, MA." This map is hereby made a part of the
zoning ordinance and is on file in the office of the city clerk.
1.
Permitted
uses—(District-specific).
a.
The following uses are permitted as-of-right for projects within
the Shirley Avenue Smart Growth Overlay District (SASGOD):
i.
Residential projects. A residential project within the Shirley Avenue
Smart Growth Overlay District may include:
(A)
Single-family, two-and three-family, and/or multi-family residential
use(s);
(B)
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages);
and
(C)
Accessory uses customarily incidental to any of the above permitted
uses.
ii.
Mixed-use development projects. A mixed-use development project within
the Shirley Avenue Smart Growth Overlay District must include at least
one residential use and one non-residential use from these respective
use categories as permitted below and may further include parking
and other accessory uses as additionally provided for:
(A)
Single-family, two-and three-family, and/or multi-family residential
use(s), provided that the minimum allowable as-of-right density allowances
for residential use specified in Section 17.29.140(B)(2) shall apply
to the residential portion of any mixed-use development project;
(B)
Any of the following non-residential uses:
(2)
Business uses and consumer services (D):
(a)
Bank and financial institution
(b)
Retail greenhouse
(c)
Medical and dental office
(d)
Professional office
(e)
Restaurant
(f)
General retail sales and service
(g)
Neighborhood retail and sales and service
(h)
Theatre meeting hall
(i)
Health club
(j)
Recreation, gainful business
(k)
Urban ground level yard farm (small, medium, and
large)
(l)
Urban roof level yard farm (small medium and large)
(m)
Home/yard garden
(C)
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages);
and
(D)
Accessory uses customarily incidental to any of the above permitted
uses.
b.
The total gross floor area devoted to residential uses within a mixed-use
development project shall be at least =/ > fifty-one percent of the
total gross floor area of the project.
2.
Dimensional
and density requirements—(District-specific).
a.
Table of requirements. Notwithstanding anything to the contrary in
this zoning ordinance, the dimensional requirements applicable in
the SGOD are as follows:
|
Dimensional Requirements, Both Districts
| |
|---|---|
|
Minimum Front Setback
|
0 feet
|
|
Interior Setback (between Buildings on same Lot)
|
15 feet
|
|
Minimum Lot Area square feet
|
5,000 square feet
|
|
Floor Area Ratio (FAR)
|
2
|
|
Dimensional Requirements, Sub-District A
| |
|---|---|
|
Maximum Building Height
|
60 feet
|
|
Max. Stories
|
6
|
|
Dimensional Requirements, Sub-District B
| |
|---|---|
|
Maximum Building Height
|
50 feet
|
|
Max. Stories
|
5
|
b.
Dimensional waivers in substantially developed sub-district. In order to encourage the development of infill housing units on undeveloped lots within a substantially developed sub-district, the PAA may grant a waiver to the dimensional standards of Section 17.29.140 and herein, in accordance with Section 17.29.100(C).
3.
Parking
requirements—(District-specific). The parking requirements applicable
for projects within the SASGOD are as follows:
|
Use
|
Number of Parking Spaces
|
Minimum Loading Bay
|
Minimum Loading Space
|
|---|---|---|---|
|
Residential Units:
|
|
|
|
|
Single-Family
|
2
|
0
|
0
|
|
Two-Family
|
4
|
0
|
0
|
|
Apartments (1 Bedroom, 2 Bedrooms, 3 Bedrooms or more)
|
1, 1.5, 2
|
0
|
0
|
(C.O. 23-251, § 1, 12/4/2023)
